Last Modified: Monday, January 21, 2013 at 3:27 p.m.

Jon Hill, 31, was arrested on charges of panhandling 10 days after the Sarasota ordinance prohibiting it was repealed. Hill's attorneys say he was slammed face-first into a squad car. (Photo provided by Sarasota County Sheriff's Office)

The homeless man, 31-year-old Jon Hill, was injured in the incident, something he and his attorneys claim was the result of officers slamming him face first into their squad car. The arresting officers claim that a struggling Hill intentionally threw himself forward, causing the impact on the car's window.

The incident is just the latest in a running struggle between city police and civil liberties advocates, who have accused the department's officers of organized "bum hunting" and using excessive force in the earlier arrest of a homeless man.

Newly sworn in Sarasota Police Chief Bernadette DiPino said she was made aware of Hill's arrest Monday morning but had not heard he was injured.

"This is the first I'm hearing about anyone complaining about any use of force," DiPino said, adding that she would investigate the claim.

Sarasota Police officers were sent an email on the day of Hill's arrest, telling them the panhandling ordinance had been repealed, DiPino said.

She also noted that her predecessor, Mikel Holloway, had issued orders in December for officers to stop making arrests for solicitation.

"We're trying to find out why they did what they did," DiPino said, meaning Hill's arresting officers.

The chief's efforts to piece together what happened and why comes as the city of Sarasota is once again receiving unwanted attention for its treatment of the homeless. An Associated Press story published last week by media outlets in Massachusetts, Texas, Illinois and other states talks about the series of events in Sarasota that have put the city and the American Civil Liberties Union at odds over the homeless issue.

Drawing fresh attention

The most recent incident occurred Thursday when officers Adam Arena and Jake Nelson were dispatched to investigate a vehicle crash.

They saw Hill standing in the median of U.S. 301 and Dr. Martin Luther King Jr. Way. One officer wrote in his report that he saw Hill "limping around trying to solicit funds from vehicles stopped at the traffic light."

The officers warned Hill to stop soliciting, to which they say he "retorted with vulgar comments."

The two officers continued to the crash.

After they had completed their accident investigation, the officers returned and arrested Hill, who they say threw himself to the ground and refused to comply with their instructions or to stand.

The officers lifted him up, at which point, according to their report, "the defendant intentionally threw all of his weight forward causing him to slam his face into the window of the patrol vehicle."

Hill was charged with soliciting and obstructing officers without violence. He spent the weekend in the Sarasota County Jail, unable to come up with the $870 he needed for bail.

The incident drew attention from the ACLU, which has made the city's treatment of homeless people one of its core efforts in recent years.

Either the officers who arrested Hill deliberately violated their orders, or they were unaware that the panhandling ordinance had been repealed, said Michael Barfield, a paralegal who chairs the Sarasota ACLU's legal panel.

"I don't know which one is worse," Barfield said. "Apparently, they let their frustrations get the better of them."

In an email to Barfield, City Attorney Robert Fournier wrote: "I cannot speak to why an arrest was made for a violation of the section, as I'm not familiar with the process used by SPD to communicate information to personnel about matters that they need to be made aware of and informed about."

Sarasota attorney Andrea Mogensen, another ACLU member, convinced a judge on Monday to order Hill's release. Mogensen said that Hill denied hurting himself, telling her that the police officers "slammed his head into the car."

In his jail booking photo, Hill has what appears to be a fresh cut above his nose.

Challenges for new chief

DiPino, who took the reins of the Sarasota Police Department this month after a decade as chief in Ocean City, Md., took a break Monday from the city's annual Martin Luther King Jr. Memorial Breakfast and Community Awards Ceremony at Booker High School to talk about Hill's arrest.

She said she was "trying to determine why officers and supervisors allowed it to happen."

During the interview process with city commissioners for a new police chief, two themes that figured prominently were the city's relationship with the homeless and with the minority community.

DiPino already finds herself dealing with both.

Besides questions about Hill's arrest, DiPino on Monday was contending with the aftermath of a melee early Sunday morning that occurred during another part of Sarasota's celebration of King's birthday.

The incident in the 1900 block of Dr. Martin Luther King Jr. Way started after Sarasota police attempted to cite two participants for urinating in public. It ended with four men being arrested, including one who was hospitalized after he was hit in the face by an officer swinging his flashlight.

After the incident, DiPino and one of her captains contacted community leaders, including the president of local NAACP chapter.

There also could be additional fallout from Hill's arrest.

Mogensen, Hill's Sarasota attorney, said she plans to file a lawsuit today asking the court to prohibit Sarasota Police from enforcing an ordinance that has already been repealed — "to make it clear that this ordinance is dead, and any arrest made under it would be contempt of court."

Mogensen, who with Barfield has created almost a cottage industry of suing local governments, said additional legal action is likely.

"There are First Amendment issues, false arrest issues, excessive force and more," she said. "We shall discuss these with Mr. Hill and see how he wants to proceed."

<p><em>SARASOTA</em> - Sarasota Police arrested a homeless man for panhandling last week, 10 days after the ordinance prohibiting the practice was repealed by the City Commission.</p><p>The homeless man, 31-year-old Jon Hill, was injured in the incident, something he and his attorneys claim was the result of officers slamming him face first into their squad car. The arresting officers claim that a struggling Hill intentionally threw himself forward, causing the impact on the car's window.</p><p>The incident is just the latest in a running struggle between city police and civil liberties advocates, who have accused the department's officers of organized "bum hunting" and using excessive force in the earlier arrest of a homeless man.</p><p>Newly sworn in Sarasota Police Chief Bernadette DiPino said she was made aware of Hill's arrest Monday morning but had not heard he was injured.</p><p>"This is the first I'm hearing about anyone complaining about any use of force," DiPino said, adding that she would investigate the claim.</p><p>Sarasota Police officers were sent an email on the day of Hill's arrest, telling them the panhandling ordinance had been repealed, DiPino said.</p><p>She also noted that her predecessor, Mikel Holloway, had issued orders in December for officers to stop making arrests for solicitation.</p><p>"We're trying to find out why they did what they did," DiPino said, meaning Hill's arresting officers.</p><p>The chief's efforts to piece together what happened and why comes as the city of Sarasota is once again receiving unwanted attention for its treatment of the homeless. An Associated Press story published last week by media outlets in Massachusetts, Texas, Illinois and other states talks about the series of events in Sarasota that have put the city and the American Civil Liberties Union at odds over the homeless issue.</p><p><b>Drawing fresh attention</b></p><p>The most recent incident occurred Thursday when officers Adam Arena and Jake Nelson were dispatched to investigate a vehicle crash.</p><p>They saw Hill standing in the median of U.S. 301 and Dr. Martin Luther King Jr. Way. One officer wrote in his report that he saw Hill "limping around trying to solicit funds from vehicles stopped at the traffic light."</p><p>The officers warned Hill to stop soliciting, to which they say he "retorted with vulgar comments."</p><p>The two officers continued to the crash.</p><p>After they had completed their accident investigation, the officers returned and arrested Hill, who they say threw himself to the ground and refused to comply with their instructions or to stand. </p><p>The officers lifted him up, at which point, according to their report, "the defendant intentionally threw all of his weight forward causing him to slam his face into the window of the patrol vehicle."</p><p>Hill was charged with soliciting and obstructing officers without violence. He spent the weekend in the Sarasota County Jail, unable to come up with the $870 he needed for bail.</p><p>The incident drew attention from the ACLU, which has made the city's treatment of homeless people one of its core efforts in recent years.</p><p>Either the officers who arrested Hill deliberately violated their orders, or they were unaware that the panhandling ordinance had been repealed, said Michael Barfield, a paralegal who chairs the Sarasota ACLU's legal panel.</p><p>"I don't know which one is worse," Barfield said. "Apparently, they let their frustrations get the better of them."</p><p>In an email to Barfield, City Attorney Robert Fournier wrote: "I cannot speak to why an arrest was made for a violation of the section, as I'm not familiar with the process used by SPD to communicate information to personnel about matters that they need to be made aware of and informed about."</p><p>Sarasota attorney Andrea Mogensen, another ACLU member, convinced a judge on Monday to order Hill's release. Mogensen said that Hill denied hurting himself, telling her that the police officers "slammed his head into the car." </p><p>In his jail booking photo, Hill has what appears to be a fresh cut above his nose.</p><p><b>Challenges for new chief</b></p><p>DiPino, who took the reins of the Sarasota Police Department this month after a decade as chief in Ocean City, Md., took a break Monday from the city's annual Martin Luther King Jr. Memorial Breakfast and Community Awards Ceremony at Booker High School to talk about Hill's arrest.</p><p>She said she was "trying to determine why officers and supervisors allowed it to happen."</p><p>During the interview process with city commissioners for a new police chief, two themes that figured prominently were the city's relationship with the homeless and with the minority community.</p><p>DiPino already finds herself dealing with both.</p><p>Besides questions about Hill's arrest, DiPino on Monday was contending with the aftermath of a melee early Sunday morning that occurred during another part of Sarasota's celebration of King's birthday.</p><p>The incident in the 1900 block of Dr. Martin Luther King Jr. Way started after Sarasota police attempted to cite two participants for urinating in public. It ended with four men being arrested, including one who was hospitalized after he was hit in the face by an officer swinging his flashlight.</p><p>After the incident, DiPino and one of her captains contacted community leaders, including the president of local NAACP chapter.</p><p>There also could be additional fallout from Hill's arrest.</p><p>Mogensen, Hill's Sarasota attorney, said she plans to file a lawsuit today asking the court to prohibit Sarasota Police from enforcing an ordinance that has already been repealed — "to make it clear that this ordinance is dead, and any arrest made under it would be contempt of court." </p><p>Mogensen, who with Barfield has created almost a cottage industry of suing local governments, said additional legal action is likely.</p><p>"There are First Amendment issues, false arrest issues, excessive force and more," she said. "We shall discuss these with Mr. Hill and see how he wants to proceed."</p>